Disposed

Lokesh S/O Foru Lal v. Dalu Lal S/O Modu Lal Urf Shriram

Rajasthan HC4 Dec 2025CMA/2539/2025

Case brief

AI extract

What is this about?

Motor accident claimant appealed against tribunal award of Rs.1,80,169/-. During appeal the parties settled with the insurer for an additional Rs.3,50,000/- lump sum; the High Court disposed of the appeal in terms of the compromise and modified the award accordingly.

What did the court decide?

Additional compensation of Rs.3,50,000/- from insurer within 6 weeks; failing payment, interest @6% p.a.; award modified per compromise.

Lokesh S/O Foru Lal Vs Dalu Lal S/O Modu Lal Urf… — Motor Accident Claims | Rajasthan HC (2025)

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[2025:RJ-JP:49449]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 2539/2025

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Lokesh S/o Foru Lal, Aged About 24 Years, R/o Village Gumanpura Tehsil and District Bundi Rajasthan

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----Claimant/Appellant

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Versus

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Dalu Lal S/o Modu Lal Urf Shriram, R/o Village Gumanpura Tehsil And Distt Bundi Rajasthan (Driver Of Motor Cycle No. RJ-08-AS 7325)

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Rajendra Kumar S/o Nand Kishor, R/o Village Gumanpura Tehsil and District Bundi Rajasthan (Owner Of Motor Cycle No. Rj-08-AS 7325)

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Chola Mandlam M.S. General Insurance Company Ltd., Through Its Regional Manager, At Regional Office 7Th Floor, Signature Tower, DC-2, Lalkoti Scheme District Shopping Center, Tonk Road, Jaipur (Insurer Of Motor Cycle No. RJ-08-AS 7325)

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Kalu Lal S/o Ramdev, R/o Village Bagda Tehsil and District Bundi (Driver Of Motor Cycle No. RJ-08-AS 7223)

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Shiv Prakash S/o Ramdev, R/o Village Bagda Tehsil and District Bundi (Owner Of Motor Cycle No. RJ-08-AS 7223)

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----Respondents

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For Appellant(s) : Mr. Sunil Jain, Adv. For Respondent(s) : Mr. Chanderdeep Singh Jodha, Adv.

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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04/12/2025

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The present civil miscellaneous appeal has been filed by the claimant-appellant against the judgment and award dated 12.02.2025 passed by learned Motor Accident Claims Tribunal No.1, Bundi (hereinafter referred to as the learned ‘Tribunal’) in MAC Case No.442/2023, whereby, the claim petition has been

[CMA-2539/2025]

[2025:RJ-JP:49449]

(2 of 3)

partly allowed and an award of Rs.1,80,169/- along with the interest @ 7.5% per annum has been passed in favour of the claimants-appellants.

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At the very outset, learned counsel for the claimant-appellant and the respondent No.3-Insurance Company submit that during pendency of this appeal, the parties have amicably settled the dispute between them by way of compromise and a copy of memo of compromise dated 03.12.2025 duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:-

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“The parties to this litigation i.e. Appellant-Claimants and Respondent No.3, Chola Mandalam MS General Insurance Company Ltd., have entered into compromise on the following terms:-

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A lump-sum additional amount of Rs.3,50,000/- Three Lakh Fifty thousand (including interest) shall be paid to the claimants by insurance company by depositing the same before tribunal concerns within 6 weeks from today i.e. from date of compromise order in full and final settlement of appeal with claimants. The said enhancement amount shall be disbursed to the claimants through saving back account.

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In case, the insurance company fails to deposit the said amount within 6 weeks from today i.e. from date of compromise order, claimants shall be entitled for interest at 6% PA from the date of compromise order, till payment is made.

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The appeal is agreed to be disposed of in terms of this compromise.”

(3 of 3)

[2025:RJ-JP:49449]

[CMA-2539/2025]

Learned counsel for the claimant-appellant and the respondent No.3-Insurance Company pray that the present appeal be disposed of, in the light of the memo of compromise dated 03.12.2025.

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In view of the memo of compromise dated 03.12.2025, the present appeal stands disposed of. The impugned judgment and award dated 12.02.2025 passed by learned Motor Accident Claims Tribunal No.1, Bundi in MAC Case No.442/2023 is modified accordingly. It is made clear that if the respondent No.3-Insurance Company fails to make the payment of Rs.3,50,000/- to the claimant/appellant within a period of six weeks from the date of receipt of certified copy of this order, the claimant-appellant shall be entitled to get the interest @ 6% per annum on the aforesaid amount.

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The terms of memo of compromise dated 03.12.2025 shall be treated as an integral part of this order.

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Any pending applications also stand disposed of.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /36

Lokesh S/O Foru Lal v. Dalu Lal S/O Modu Lal Urf Shriram

Case brief

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Lokesh S/O Foru Lal v. Dalu Lal S/O Modu Lal Urf Shriram

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